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Judgments of Supreme Court of India and High Courts

Amar Kumar Pal & Anr vs Unknown on 20 July, 2018

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45
20.07.2018

sm
c.no.29

CRR No.1477 of 2018

In the matter of:- Amar Kumar Pal Anr. . … Petitioners.

Mr.Sabyasachi Banerjee,
Ms.Shrestha Bhattacharjee … for the petitioners

Mr.Imran Ali. .. for the State.

This is an application for expeditious disposal of the trial in G.R.Case No.1463 of

2000 pending before the learned Judicial Magistrate, 2nd Court at Barasat, North 24-

Parganas under Section 498A of the Penal Code

The learned Advocate appearing on behalf of the petitioners submits that in this

case an FIR was lodged as far back as in the month of October, 2000 and the charge-

sheet was submitted in the month of January, 2002. He further submits that in spite of

two successive orders passed by this Hon’ble Court directing expeditious disposal of

the present proceeding, the trial has not been concluded.

Let a copy of this application be served upon Mr.Imran Ali, learned Advocate, who is

present in court today and who ordinarily appears on behalf of the petitioner, His

engagement will be regularized in due course.

Heard the learned Advocates for the petitioners and the State and went through the

petition.

It appears that on 04.12.2009 this Hon’ble Court in CRR No.3923 of 2009 directed

the learned court below to conclude the trial as expeditiously as possible, preferably

within a year after framing of charge and by strict compliance with the provision of

Section 309 of the Code. Thereafter, on 27.03.2017, this Hon’ble Court again passed
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a direction for expeditious conclusion of the trial, preferably within a year from the date

of communication of this order.

The learned Advocate for the petitioners submits that in spite of those orders

passed by this Hon’ble Court, the proceedings have gone on for so long and on some

pretext or the other, the same is kept pending.

It is very unfortunate that two solemn orders passed by this Hon’ble Court have not

been adhered to.

I hereby direct the learned Trial Court to conclude the proceedings as

expeditiously as possible, preferably within a period of six (6) months from this date

and by a strict compliance with the mandate of Section 309 of the Code.

The revisional application is disposed of.

Urgent photostat certified copy of this order, if applied for, is to be given to the

parties upon usual undertakings.

(Jay Sengupta, J.)

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